For those of you who do not know my story, I won't go into (all) the boring details. My daughter Heather left our home here in Tennessee, ended up in Colorado, and ended up in jail 3 days after she got there. In jail since early August, then to State hospital in early December. The "victum" did not press charges. She was tested there for hd and positive. The Dr has written a letter saying that she needs to be released and taken home. Now she has a new Dr. She has had 2 public defenders. After I hired a private attorney for her he assured me that she would be released soon. And that was in Dec. Every month they have a competency hearing. And every month she is found not competent to stand trial. Am I missing something here? I keep thinking I have left no stone unturned but somehow, I have missed something. When I went there in November, the Dpt head at the jail said they wait until the defendent is competent. I said to her that I feared my daughter will never be competent. She said "We have had them here for 2 1/2 years before." A friend of mine spoke with his lawyer friend who said that they get really stubborn sometimes and want to show who is running the show. I have been practically on my knees begging, and have been very nice and cooperative and gracious to them(except in November when I thought she would be released. She had a new Public defender who knew nothing about her case) I am now imagining myself standing outside the court house with a sign saying "let my daughter go!" This may sound funny but I swear, I am almost to that point.I am not asking for sympathy. I am just starting to question my own sanity here. I have many other things going on in my life and I cannot get on with it with this constantly consuming my thoughts and my time. I have failed her. I don't want her to spend what may well be a few years that she can enjoy. And no, I don't know what will happen once she gets home. But she doesn't belong there. I am sure you are tired of hearing this but will still have comforting words. But is this not crazy? What the hell do they want her there for? Did I miss something? I have been stepping back and looking at the situation but cannot see what I am missing.

No, I don't think you are over-reacting. It doesn't make any sense that they won't release her. You are in my thoughts and prayers.

And while I am on this- when I go to bed at night I think of different people on here with each unique problem. I remember their story and wonder if their problem is resolved. Or if it is worse. Maybe I am too "in" to you guys. Maybe I need a life. But I bet a few of you do it too. Like, for instance, how is Diane's back? how is PaulaH doing? It was good to hear Laura is doing better Yvonne. How is Teressa's legs? jl's foot? I could go on and on, but I guess I could just write them and ask huh? You guys have become such an important part of my life. Call me co dependent-but I wait for news to come. Is Marsha and Hubby doing well? Apples friend with cancer? OK call me nosey. But if you don't feel like posting a follow-up, PM me or something to humor me.

Marsha you are one of the sweetest most caring people i know. And to know that you think and wonder about everyone....and yes, many of us do, i do too, and actually, ive been wondering about heather, but when i see you in the chat room, we have such a good time, i forget to ask lol. Sooooo, i had really been wondering what was going on, and wow, i wish this whole drama would end for you, its such a nightmare. Maybe its time to go to the media, seriously. This is crap, you know? Maybe others have a better idea, i dont know.

Barb, I have thought about the media too, as the money is running out. And thanks for your way-too-kind words, Barb. NO, I don't like to talk about Heather in the chat room. It is such a good time for me in there, if someone is not wanting to talk about a problem they are having, I would just as soon just hang out and talk about nonsense. Of course, if someone comes in there wanting a serious dicussion, we have all been very respectful. I guess the chat room has become my nite club!

Marsha,

I certainly don't think you are over-reacting at all. This is your daughter and you know what HD is like and they don't. It seems pointless to keep her there if the victim isn't going to even press charges. As for her being competent, the HD may affect her sense of judgement and they don't understand all that, they think her head will clear and they can proceed.
I really can't give an answer, my heart goes out to you as our children are precious and a constant source of worry.
Will going to the media help your cause? If so then maybe thats a consideration - I can't believe some Dr can't intervene and explain the whole disease so she can be released and sent home.
Good luck my friend.

Debbie

Marsha, you are defintely not overreacting! This is your child who cannot defend herself and you are her voice. I can relate somewhat with how you feel because I have had to be my daughter's voice and advocate with home health, day care,etc., on and on. It seems endless,and just when you think things are settling down another issue evolves. But, to your problem, have you tried to get a doctor (perhaps from the Center of Excellance in Denver) to go before the court or at least give you a letter explaining how HD affects the brain and behaviour to get her released for medical reasons? I am sure they are unable to give her the care that she needs. My son and daughter in-law lived in Denver until my daughter became ill and were very active with the Denver Support group. At that time it was a very active group and they had a very good social worker. Perhaps you could find some support or help there. Good luck, funny, I was wondering about Heather just a couple of days ago. I read the posts but seldom post myself. You will be in my thoughts and prayers.

Hey Marsha,
Over-reacting?Definately not.You have been to hell and back on this Marsha,I keep hoping that one day you will write on this forum 'Heather is home to stay'.I have been following your 'fight',I really hope that it gets resolved soon.You have been a major support to myself and many others here,I wish the best for you.
Good luck and take good care.
Gordon

Marshap..i agree you are not over reacting...you are responding to a terrible unjust situation...i have read your posts on here about your daughter and always feel moved by your strength to keep fighting for her and your commitment to looking at all possible options in this situation...its really awful and im sure its heartbreaking that this is all taking so long...Im sure it means the world to Heather knowing you are on the outside fighting for her all the way
Thinking of you
Love Michelle



Edited 1 time(s). Last edit at 02/28/2007 01:40AM by Michelle.

I was wondering if you could petition the court to have her declared incompetent and for you to be appointed her guardian. Then, perhaps the court would order her released into your custody. I don?t know. I was just wondering.

I don?t think you are overreacting at all. If it were one of my sons, I would be there swinging at somebody. I would not be able to stand it. Maggie

I don't think you got your money's worth from that Attorney in CO.

You are not over reacting. I think going to the press might help. Around here they have people on the news panel that fight for peoples rights that have been wronged. Go to the local newspapers - both where you are and where Heather is. The Center of Excellence might also be a help.

I cannot believe this has not been resolved yet.

Please keep us posted.

Your family is in my prayers.

Stacy-NJ

We call them Lawyers. Apparently, they didn't think there was more money comming.

Is there anybody on this Board that lives in Denver that can help Marsha? Is there anyone that can tell her what news outlet to call like the "Channel 5 Investigates" segment?

In another Thread there was a reference from Steve I about an HD hospital in CO. Can't anyone contact these people to see if they can help? Marsha if you can move her into a facility close that's HD related you can kill two birds with one stone.

You know that there isn't anything for her here in TN.

If we have people close in Denver please contact Marsha with some information on the Media and clue her in on the local political scene to see if there is a legislative person that may be sympathetic to her cause.

Marsha - can you please e-mail me at work as soon as you can. I have gotten in touch with some one in CO and they are going to see what kind of ideas they have.

stacy.brendli@realogy.com

I am looking for your daughter's full name.

Thanks

Stacy-NJ

Stacy,
You are great! Thanks for trying to help Marsha.

Thanks Guys! I am now puffed up! I have my shoulders back and my chin up. Awesome Stacy! I e-mailed you.

In the beginning I e-mailed Drs at the COE in Co. They offered their sympathy and said there was nothing they could do. The Social Worker, Jan Jarome gave me mames and numbers and she really helped. She even called me. I called an elder care attorney to try and explain the situation and try to get guardianship. She talked down to me and treated me like I was not human. It was the weirdist conversation! Anyway, for guardianship, the least expensive attorney wanted a retainer fee of 6,000 and I learned that It would not be transferable to Tn.

I just talked to her. She was disappointed that I wasn't comming to get her. I told her to please not give up and that I will go get her soon.

I meant to say she was disappointed because her court date is tomorrow. that's why she thought I would be there. But they just declare her incompetent every month.

If the victim isn't preferring charges, why is she having repeated court dates? Why won't her lawyer point this out?

I was told that the actual victim never pressed charges and and says he will not testify against her. But the "state" picked it up. Each court date is showing whether she is competent to stand trial. They seem to think that the Ativan and Risperdal is going to "cure" her eventually. Then she can go to trial.

The Social Worker told me that the prosecuting attorney answered her e-mail with this: "We don't even know for sure if she has this disease."

OK. They sent them the test results recieved on Jan 22. Along with a statement from the Dr.

Hi, Marsha,
My daughter-in-law is a lawyer and for years has dealt with cases that concern guardianship or custody because of a person?s illness, mental illness or age. She was the director of the law school at a private university here for many years and took similar cases to your daughter?s case pro bono (without cost). The cases that came in were assigned to a law student who worked under her direction and as the lawyer, she represented the client in court and directed the student. Perhaps if you contacted the law school where your daughter is, they might take the case. I saw my daughter-in-law and her students do some really good things for their clients.

?When I read your post, I sent it her to see what ideas she might have. Here is her email back to me.
????????????..

I didn't see your email until just now - Because the case is in Colorado - alot depends on the Colorado criminal system, plus it sounds like the district attorney's office needs to be educated about HD - perhaps she could elicit the support of the local/state support group to write letters to the DA and the PD - with most criminal cases that involve mental illness the competency issue never goes away, I've seen cases where individuals that were chronically mentally ill and at the state mental psychiatric hospital for years had their competency evaluated every 1 to 2 years by the DA's office. It might be possible to get the DA's consent to transfer her back to a Tennessee jurisdiction for treatment.

Also, the details do matter here -what was the charge? I don't know how advanced the HD is - the argument might be that she cannot be treated to return her to competency within the traditional psychiatric programs in jail because HD is a neurological disorder and she needs a different treatment under the supervision of a neurologist.

Also, there may be local mental health association or group that could help with local resources, referrals to local attorneys that might see a civil rights angle to this - where in Colorado is she??
????????.

I had not thought about the civil rights issue here. I wonder what would happen if you contacted the ACLU in Colorado, for example. Anyway, there are her thoughts. Maggie